ZURICH: Israel must be banned from any football-related activities for violating FIFA’s statutes amid the war in Gaza, according to an independent legal analysis by lawyers who specialise in international law and human rights.

The Palestinian Football Association (PFA) had submitted a proposal to suspend Israel in May, with FIFA ordering an urgent legal evaluation while promising to address it at an extraordinary meeting of its council in July.

The Asian Football Confederation had also given its backing for action against Israel and PFA President Jibril Al-Rajoub said that FIFA could not afford to remain indifferent to “violations or to the ongoing genocide in Palestine”.

Attorney Max du Plessis, who was part of the case brought by South Africa accusing Israel of genocide at the International Court of Justice, co-wrote the analysis along with Sarah Pudifin-Jones after they were approached by Eko, a social justice non-profit organisation.

“There can be no doubt that Israel’s conduct in Palestine has undermined, and continues to undermine, FIFA’s objectives,” the report said.

“Israel has violated the internationally recognised human rights of Palestinians, contrary to Article 3. It has discriminated and continues to discriminate against Palestinians on the basis of race, national origin and birth in direct contravention of Article 4(1).

“Its conduct undermines the humanitarian objectives described in Article 5.1(b). Israel’s conduct demands censure, in line with the position adopted by FIFA in relation to similar egregious violations of its objectives and internationally recognised human rights.”

The Palestinian proposal accuses the Israel Football Association (IFA) of complicity in violations of international law by the Israeli government and discrimination against Arab players. The IFA rejected that.

Eko said their petition calling on FIFA, the International Olympic Committee and sporting federations to ban Israel from international sport had received over 380,000 signatures.

In recent years when the PFA brought motions to suspend Israel, FIFA did not impose sanctions, declaring in 2017 the matter to be closed and not subject to further discussion until the legal or de facto framework changed.

The report argued that developments since October have given rise to “a new legal framework that necessitates FIFA’s intervention”.

Al-Rajoub had cited precedents at the FIFA Congress and the analysis said the suspension of Israel would be in line with FIFA’s past decisions to suspend or expel member associations that violate its objectives.

The Football Association of South Africa was suspended in 1961 due to the country’s apartheid policy while Yugoslavia was banned in 1992 following United Nations sanctions amid the Serb-dominated government’s aggression in the Balkans.

Most recently, in 2022, both FIFA and its European counterpart UEFA acted swiftly to suspend Russian teams from their competitions following the country’s invasion of Ukraine.

Critics have accused Israel of committing genocide against Palestinians, which Israel denies.

Israel characterises its actions as self-defence to prevent another attack like the one on Oct. 7, though the International Court of Justice ordered Israel in January to take action to prevent acts of genocide.

Hamas-led militants killed 1,200 people and took more than 250 hostages in the cross-border raid into southern Israel on Oct. 7, according to Israeli tallies.

Israel has retaliated with its military action in Gaza that has killed more than 38,000 Palestinians, medical authorities in Gaza say.

Published in Dawn, July 19th, 2024